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The Defendants Answer To The Complaint The Defendant's Answer to the Complaint

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Pro Se 3 (Rev. 12/16) The Defendant’s Answer to the Complaint
UNITED STATES DISTRICT COURT
for the
__________ District of __________
__________ Division
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Case No.
(to be filled in by the Clerk’s Office)
Plaintiff(s)
(Write the full name of each plaintiff who is filing this complaint.
If the names of all the plaintiffs cannot fit in the space above,
please write “see attached” in the space and attach an additional
page with the full list of names.)
-v-
Jury Trial:
(check one) ’ Yes ’ No
Defendant(s)
(Write the full name of each defendant who is being sued. If the
names of all the defendants cannot fit in the space above, please
write “see attached” in the space and attach an additional page
with the full list of names.)
THE DEFENDANT’S ANSWER TO THE COMPLAINT
I. The Parties Filing This Answer to the Complaint
Provide the information below for each defendant filing this answer or other response to the allegations in the
plaintiff's complaint. Attach additional pages if needed.
Name
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address
II. The Answer and Defenses to the Complaint
A. Answering the Claims for Relief
On a separate page or pages, write a short and plain statement of the answer to the allegations in the
complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint,
with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc. For each paragraph
in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the
allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations
but denies, or lacks sufficient knowledge to admit or deny, the rest.
Page 1 of 7
__________ District of __________
__________ Division
Pro Se 3 (Rev. 12/16) The Defendant’s Answer to the Complaint
B. Presenting Defenses to the Claims for Relief
Write a short and plain statement identifying the defenses to the claims, using one or more of the
following alternatives that apply.
1. The court does not have subject–matter jurisdiction over the claims because
(briefly explain
why there is no federal–question jurisdiction or diversity–of–citizenship jurisdiction; see the complaint form for more
information)
2. The court does not have personal jurisdiction over the defendant because (briefly explain)
3. The venue where the court is located is improper for this case because (briefly explain)
4. The defendant was served but the process–the form of the summons–was insufficient because
(briefly explain)
5. The manner of serving the defendant with the summons and complaint was insufficient because
(briefly explain)
6. The complaint fails to state a claim upon which relief can be granted because
(briefly explain why
the facts alleged, even if true, are not enough to show the plaintiff's right to recover)
7. Another party (name) needs to be joined (added)
in the case. The reason is
(briefly explain why joining another party is required)
Page 2 of 7
Pro Se 3 (Rev. 12/16) The Defendant’s Answer to the Complaint
a. If the basis for subject–matter jurisdiction is diversity of citizenship, state the effect of
adding the other party:
The other party is a citizen of the State of
(name) .
Or is a citizen of
(foreign nation) . The amount of
damages sought from this other party is
(specify the amount) .
b. If the claim by this other party is based on an alleged violation of a federal
constitutional or statutory right, state the basis:
C. Asserting Affirmative Defenses to the Claims for Relief
Identify an affirmative defense or avoidance that provides a basis for the defendant to avoid liability for
one or more of the plaintiff's claims even if the basis for the claim is met. Any affirmative defense or
avoidance must be identified in the answer. Include any of the following that apply, as well as any
others that may apply.
The plaintiff's claim for
(specify the claim)
is barred by (identify one or more of the following that apply):
1. Accord and satisfaction
(briefly explain)
2. Arbitration and award (briefly explain)
3. Assumption of risk (briefly explain)
4. Contributory or comparative negligence of the plaintiff (briefly explain)
5. Duress (briefly explain)
Page 3 of 7
Pro Se 3 (Rev. 12/16) The Defendant’s Answer to the Complaint
6. Estoppel (briefly explain)
7. Failure of consideration (briefly explain)
8. Fraud (briefly explain)
9. Illegality (briefly explain)
10. Injury by fellow employee (briefly explain)
11. Laches (Delay) (briefly explain)
12. License (briefly explain)
13. Payment (briefly explain)
14. Release (briefly explain)
15. Res judicata (briefly explain)
Page 4 of 7
Pro Se 3 (Rev. 12/16) The Defendant’s Answer to the Complaint
16. Statute of frauds (briefly explain)
17. Statute of limitations (briefly explain)
18. Waiver (briefly explain)
19. Other (briefly explain)
D. Asserting Claims Against the Plaintiff (Counterclaim) or Against Another Defendant
(Cross–Claim)
For either a counterclaim against the plaintiff or
a cross–claim against another defendant, state briefly the
facts showing why the defendant asserting the counterclaim or cross–claim is entitled to the damages or
other relief sought. Do not make legal arguments. State how each opposing party was involved and
what each did that caused the defendant harm or violated the defendant’s rights, including the dates and
places of that involvement or conduct. If more than one counterclaim or cross–claim is asserted, number
each claim and write a short and plain statement of each claim in a separate paragraph. Attach
additional pages if needed.
1. The defendant has the following claim against the plaintiff
(specify the claim and explain it;
include a further statement of jurisdiction, if needed)
:
2. The defendant has the following claim against one or more of the other defendants
(specify the
claim and explain it; include a further statement of jurisdiction, if needed)
:
3. State briefly and precisely what damages or other relief the party asserting a counterclaim or
cross–claim asks the court to order. Do not make legal arguments. Include any basis for
claiming that the wrongs alleged are continuing at the present time. Include the amounts of any
actual damages claimed for the acts alleged and the basis for these amounts. Include any
punitive or exemplary damages claimed, the amounts, and the reasons that are alleged to entitle
the party to actual or punitive money damages.
Page 5 of 7
Pro Se 3 (Rev. 12/16) The Defendant’s Answer to the Complaint
a. The defendant asserting the counterclaim or cross–claim against (specify who the claim is
against)
alleges that the following
injury or damages resulted
(specify):
b. The defendant seeks the following damages or other relief
(specify):
III. Certification and Closing
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information,
and belief that this answer: (1) is not being presented for an improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a
nonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions have
evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable
opportunity for further investigation or discovery; and (4) the answer otherwise complies with the requirements
of Rule 11.
A. For Parties Without an Attorney
I agree to provid
e the Clerk’s Office with any changes to my address where case–related papers may be
served. I understand that my failure to keep a current address on file with the Clerk’s Office may result
in the dismissal of my case.
Date of signing:
Signature of Defendant
Printed Name of Defendant
B. For Attorneys
Date of signing:
Signature of Attorney
Printed Name of Attorney
Bar Number
Name of Law Firm
Street Address
State and Zip Code
Page 6 of 7
Pro Se 3 (Rev. 12/16) The Defendant’s Answer to the Complaint
Telephone Number
E-mail Address
Page 7 of 7
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Completed 17 February 2020

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